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-   -   Leaving Cadet Program? (https://www.airlinepilotforums.com/envoy-airlines/123593-leaving-cadet-program.html)

Mtnrunner 08-19-2019 04:59 AM

Leaving Cadet Program?
 
I am currently a cadet and considering going elsewhere upon reaching ATP minimums. I have not taken any of the bonus, so I'm not worried about having to pay that back. The part that I am concerned with is:

"During Employee's employment with Envoy as a Cadet Instructor and for a period of 12 months thereafter, Employee shall not work as a pilot for a commercial air carrier other than Envoy, anywhere that Envoy provides passenger airline services in the United States."

Anyone have any experience with this? Will they try to enforce it?

EnyFlyr 08-19-2019 05:20 AM


Originally Posted by Mtnrunner (Post 2872572)
I am currently a cadet and considering going elsewhere upon reaching ATP minimums. I have not taken any of the bonus, so I'm not worried about having to pay that back. The part that I am concerned with is:

"During Employee's employment with Envoy as a Cadet Instructor and for a period of 12 months thereafter, Employee shall not work as a pilot for a commercial air carrier other than Envoy, anywhere that Envoy provides passenger airline services in the United States."

Anyone have any experience with this? Will they try to enforce it?

Sounds like trying to break up with a jealous ex. If I can’t have you, nobody can

Houpilot2001 08-19-2019 05:37 AM


Originally Posted by Mtnrunner (Post 2872572)
I am currently a cadet and considering going elsewhere upon reaching ATP minimums. I have not taken any of the bonus, so I'm not worried about having to pay that back. The part that I am concerned with is:

"During Employee's employment with Envoy as a Cadet Instructor and for a period of 12 months thereafter, Employee shall not work as a pilot for a commercial air carrier other than Envoy, anywhere that Envoy provides passenger airline services in the United States."

Anyone have any experience with this? Will they try to enforce it?

Did you sign a non-compete?

Mtnrunner 08-19-2019 06:50 AM


Originally Posted by Houpilot2001 (Post 2872589)
Did you sign a non-compete?

Not a formal non compete, just an employment agreement that contained this clause. I doubt it would be enforceable but also don’t want the headache.

Helij3t 08-19-2019 06:54 AM


Originally Posted by Mtnrunner (Post 2872572)
I am currently a cadet and considering going elsewhere upon reaching ATP minimums. I have not taken any of the bonus, so I'm not worried about having to pay that back. The part that I am concerned with is:

"During Employee's employment with Envoy as a Cadet Instructor and for a period of 12 months thereafter, Employee shall not work as a pilot for a commercial air carrier other than Envoy, anywhere that Envoy provides passenger airline services in the United States."

Anyone have any experience with this? Will they try to enforce it?

From my understanding it looks like a 2 year tie down but you're free to fly commercially in areas Envoy doesn't. e.g. WA and AK

pitchattitude 08-19-2019 07:44 AM


Originally Posted by Mtnrunner (Post 2872636)
Not a formal non compete, just an employment agreement that contained this clause. I doubt it would be enforceable but also don’t want the headache.

If you signed an employment agreement that contained the clause, it sounds pretty formal to me.

Houpilot2001 08-19-2019 08:19 AM


Originally Posted by pitchattitude (Post 2872669)
If you signed an employment agreement that contained the clause, it sounds pretty formal to me.

Non competes in Texas are not black and white. Consult a commerce lawyer.

Here's some basic info.

https://www.davidcholmeslaw.com/blog...able-in-texas/

wiz5422 08-19-2019 11:58 AM

Should of thought twice before you signed your soul away to the devil.

FlyPurdue 08-19-2019 12:17 PM

I am obviously not an attorney, but listen to any recent 'State of the Airline' or earnings call post Kirby / UA exodus...tune in where Doug is asked about why none of the team has or will have an employment contract (seemingly required for a non-compete). To me, its awfully suspect that a cadet instructor would have a more binding agreement compared to any of AA's officers?

Retaining an attorney to review and write a cease and desist would probably not cost much in either case and would be worth the peace of mind.

CrowneVic 08-19-2019 12:39 PM

Here’s an idea:

How about just talking with the company, telling them you received/accepted no funds, you would like to be completely released from the program because it just hasn’t worked out for you, and you would like to have an opportunity to stay in aviation and earn a living.

If they are not agreeable to that, just resign and seek employment elsewhere as you please. I dare say no court on this planet would enforce a no compete clause against you, as you are not a corporate insider and do not have any information at all that would be a threat to this company. Most courts are very supportive of allowing individuals to earn a living.

This is especially true where training contracts are concerned, as they are commonly deemed unenforceable by courts. The fact that you did not accept any money indicates that the company provided no consideration which would make the contract enforceable. Any contract typically requires legal consideration to be enforceable. If you’ve used travel benefits or something of that nature, that has the potential to be viewed as consideration, but highly unlikely.

A couple hundred bucks to spend an hour with a labor attorney might put your mind at ease and get you where you want to be. You might not even have to pay that, as most attorneys allow for a free initial consultation.

It will likely burn your bridges with AAG, but the chances of getting hired at AA and not being from a wholly-owned or the military are slim to none, anyway.


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